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The Software Maintenance Contract is essential for businesses operating in Switzerland that rely on software systems requiring ongoing support and maintenance. This document is typically used when a company needs to establish a formal relationship with a service provider for the continuous maintenance of their software applications. It becomes particularly relevant after the initial software implementation or purchase, ensuring the software remains functional, secure, and up-to-date. The contract, governed by Swiss law, includes crucial elements such as service level agreements, response times for different types of issues, update schedules, and compliance with Swiss data protection regulations. It's designed to protect both the service provider and the client by clearly defining responsibilities, performance metrics, and liability limitations while ensuring alignment with Swiss legal requirements for service contracts and electronic business transactions.

1. Parties: Identification of the maintenance service provider and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including reference to the original software license or purchase, and the need for maintenance services

3. Definitions: Key terms used throughout the agreement, including technical terminology specific to the software and maintenance services

4. Scope of Services: Detailed description of maintenance services, including bug fixes, updates, patches, and support levels

5. Service Provider Obligations: Core responsibilities of the maintenance provider, including response times, quality standards, and reporting

6. Client Obligations: Client's responsibilities, including providing access, information, and maintaining appropriate IT infrastructure

7. Service Levels: Specific performance metrics, response times, and service availability commitments

8. Fees and Payment: Maintenance fees, payment terms, invoicing schedule, and any additional charges

9. Term and Termination: Duration of the agreement, renewal terms, and termination rights

10. Intellectual Property: Rights regarding modifications, updates, and any new developments during maintenance

11. Confidentiality: Protection of confidential information exchanged during the maintenance services

12. Data Protection: Compliance with Swiss data protection laws and data handling procedures

13. Liability and Indemnification: Limitations of liability, warranties, and indemnification obligations

14. Force Majeure: Provisions for circumstances beyond reasonable control affecting service delivery

15. General Provisions: Standard clauses including notices, amendments, assignment, and governing law